Bankers Loan & Investment Co. v. Hornish
Supreme Court of Virginia
Appeal from a decree of the Hustings Court of the city of Roanoke, pronounced February 7, 1895, in a suit in chancery wherein the appellees were the complainants, and the appellant and others were the defendants. This was a suit in chancery instituted by Hornish and others, judgment creditors of B. D. Downey, for the purpose of subjecting to the payment of their judgments a lot in the city of Roanoke.
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Appeal from a decree of the Hustings Court of the city of Roanoke, pronounced February 7, 1895, in a suit in chancery wherein the appellees were the complainants, and the appellant and others were the defendants. This was a suit in chancery instituted by Hornish and others, judgment creditors of B. D. Downey, for the purpose of subjecting to the payment of their judgments a lot in the city of Roanoke. The bill charged that Downey had purchased the lot of May M. Simmons in August, 1890, and that May M. Simmons and her husband had conveyed the lot to Downey, who forthwith" conveyed the same to…
1Opinion of the CourtHarrison, J.
The charge of fraud contained in the bill filed by appellees in this case is wholly unsustained, so far as it concerns the Bankers Loan & Investment Co., the appellant here.
On August 20, 1890, B. D. Downey purchased of Mrs. May M. Simmons a house and lot in the city of Roanoke, and executed certain notes for the deferred payments. On the day of sale, Mrs. Simmons and husband executed a deed conveying the property to B. D. Downey, the purchaser, and the latter at the same time executed a deed of trust conveying the property to a trustee to secure to Mrs. Simmons the notes w hich had been…
2Cases cited4 opinions
- Gatewood v. GatewoodSupreme Court of Virginia · 1881
- Hudson v. DismukesSupreme Court of Virginia · 1883
- Kline v. TeiplettSupreme Court of Virginia · 1896
- Price's Adm'r v. DavisSupreme Court of Virginia · 1892
3Cited by13 opinions
- Peek v. Wachovia Bank & Trust CompanySupreme Court of North Carolina · 1955
- Boley v. DanielSupreme Court of Florida · 1916
- Federal Land Bank v. JoynesSupreme Court of Virginia · 1942
- Home Owners' Loan Corp. v. Sears, Roebuck & Co.Supreme Court of Connecticut · 1937
- Mayer v. United States (In Re Reasonover)United States Bankruptcy Court, E.D. Virginia · 1999
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